Sotheby's
Was Sued For Over Ancient Chinese Wine
Vessel Now Ye Wins on Conversion Claim
By Matthew
Russell Lee, Patreon Maxwell
Book
BBC-Guardian
UK - Honduras
- ESPN
NY
Mag
SDNY COURTHOUSE,
Oct 24 – Sotheby's agreed to
auction of the Zhou Zha Hu,
described as an important
ritual bronze wine vessel from
the 10th Century BC.
But citing
a cloud on title it refused to
conduct the auction or, the
subsequent legal complaint
says, to return the vessel.
On June 6, 2022
U.S. District Court for the
Southern District of New York
Judge Valerie E. Caproni began
an in-person bench trial in
the case. Inner City Press
went and covered
it.
Photos of
the vessel were shown, and the
two phoenixes on it. It was a
dowry gif, then its owners
became poor, it was said, and
wanted to sell it.
The June 6
witness bought it, then
arranged to try to auction it.
Sales were in cash, up to
$600,000.
On July 15, Judge
Caproni ruled "The Court is
inclined to find the Shanghai
Judgment, as submitted as an
exhibit to this filing, as
admissible pursuant to Rule
902(3) of the Federal Rules of
Evidence. But the Court will
grant Su and Wang one final
opportunity to reply to Yeh's
arguments on the admissibility
of the Judgment. Any such
reply is due no later than
Friday, July 22, 2022. SO
ORDERED. (Signed by Judge
Valerie E. Caproni on
7/15/2022)"
On October 24,
Judge Caproni ruled "the Court
finds in favor of Yeh on his
conversion claim, and his
claim for a declaratory
judgment is dismissed. Neither
party briefed nor made
arguments at trial about
appropriate remedies in the
event that Yeh were to prevail
on his conversion claim. At
this juncture, the Court
declines to make findings of
fact and conclusions of law
about the appropriate
remedies.... the Court
encourages the parties to try
to settle the issues of remedy
and Sotheby's attorneys' fees
and costs. By no later than
Friday, November 18, 2022, the
parties must meet and confer
and file a joint report on the
prospect of settling the
remaining issues in this
litigation, including whether
the parties would like a
referral for a settlement
conference with the assigned
Magistrate Judge or to the
Court-annexed mediation
program. If the parties do not
wish to pursue settlement, the
joint report must include a
proposed schedule for
supplementary briefing on the
issue of remedy, with Yeh to
file the opening brief.
Although Sotheby's is a
disinterested stakeholder on
liability, the parties must
include whether Sotheby's
plans to file a brief on
remedies, given its pending
motion for fees and costs and
its expertise vis--vis the
likely market for the Vessel.
SO ORDERED. (Signed by Judge
Valerie E. Caproni on
10/24/2022)
The case is Su v.
Sotheby's Inc., 17-cv-4577
(Caproni)
***
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